February 2001

Introduction:

On November 7, 2000, Washington state voters approved Initiative 713, which places limits on the use of body-gripping traps to take animals. The initiative also makes it illegal to buy, sell or trade mammals or raw furs of mammals taken in Washington with body- gripping traps. In addition it directs the Washington Department of Fish and Wildlife (WDFW) to administer a special-permit process to allow use of some types of body-gripping traps under certain circumstances.

See Permit Application & Guidelines for completing an application for a permit to use traps for an animal problem.

Following are answers to some frequently asked questions about the implementation of Initiative 713:

When did the initiative take effect?

Initiative 713 became law on December 7, 2000.

What is the Washington Department of Fish and Wildlife doing to implement the initiative's provisions?

WDFW adopted emergency rules to implement the measure when it became law in December. Those interim rules are scheduled to be replaced later this year with permanent rules that will be developed through a public process. WDFW will involve stakeholders in drafting the proposed permanent rules, and will solicit public comments on the proposed rule package, which will address trapping seasons and the special-permit process. The permanent rules are scheduled to be adopted by the Washington Fish and Wildlife Commission (the nine- member citizen panel which directs WDFW activities) during the commission's meeting Aug. 3 and 4 in Winthrop.

What activities does Initiative 713 prohibit?

The initiative makes it unlawful to use or to authorize the use of body-gripping traps to capture any animal, except by special permit for protection of endangered or threatened species; protection of public health and safety; to alleviate animal problems, or to conduct wildlife research. It also makes it illegal to buy, sell or trade mammals or the raw fur of mammals taken in Washington with body-gripping traps.

Are any traps still legal?

Yes. The initiative only prohibits body-gripping traps. Cage or box traps, suitcase-type live beaver traps, and common rat or mouse traps are still legal for use. In addition, non-strangling foot snares, padded foothold traps and Conibear-style traps set in water are legal by special permit.

What can private property owners legally do to control problem animals?

Private property owners, including timber companies, may continue to trap problem animals using non-body-gripping traps. In addition, a person may seek a special permit from WDFW for use of padded foothold traps, non-strangling foot snares or Conibear- style traps set in water to control animals that are threatening or damaging timber or private property or threatening or injuring livestock or domestic animals. Under terms of the initiative, those special trapping permits will be issued only if a person applies in writing and establishes that the animal problem cannot be abated by non-lethal control methods. WDFW also will continue to maintain a roster of Nuisance Wildlife Control Operators (NWCOs)– private individuals who work directly with property owners on a fee basis to resolve nuisance wildlife situations. However, those NWCOs, like commercial pest control companies and other Washington citizens, will be restricted to using only those trapping methods still allowed under the terms of the initiative.

Will WDFW still issue trapping licenses?

Yes. However, WDFW wildlife managers anticipate the number of citizens seeking trapping licenses is likely to decline sharply due to the new restrictions on trap types resulting from the initiative's passage.

Can furs still be sold in Washington?

Yes, with limitations. The initiative only applies to raw furs. Also, furs from mammals taken by methods other than body-gripping traps and furs from mammals taken in other states still may be sold in Washington.

Have lawsuits been filed concerning Initiative 713?

Yes. A lawsuit seeking to overturn the initiative as unconstitutional was filed Jan. 26 in Thurston County Superior Court by Citizens for Responsible Wildlife Management and several individual plaintiffs.

Are body-gripping mole and gopher traps prohibited by the initiative?

Yes. The initiative prohibits the use of body-gripping traps for any animal, and there is no exception for mole or gopher trapping.

How can a citizen become involved in the rule-making process?

For more information on development of new trapping rules contact the WDFW Enforcement Program in Olympia at (360) 902-2936. Once permanent rules are drafted later this spring, public comments will be taken. To view the complete text of Initiative 713 visit the Secretary of State's website at http://www.secstate.wa.gov/office/search.aspx?q=cache:MdVImbnhiPwJ:www.secstate.wa.gov/elections/initiatives/text/i713.pdf+initiative+713&access=p&output=xml_no_dtd&ie=UTF-8&client=basic_frontend&site=OSOS&proxystylesheet=basic_frontend&oe=UTF-8 on the Internet.